REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL
JURISDICTION
WRIT PETITION (Civil)
No.298/2015
Tanvi Sarwal ….Petitioner
Vs.
Central
Board of Secondary Education and Ors.
…..Respondents
WITH [W.P.(C)Nos.299/2015,
305/2015 and W.P.(C)No.325/2015]
J U D G M E N T
AMITAVA
ROY, J.
All these Writ Petitions, analogously heard, register a
challenge to the All India Pre-Medical and Pre-Dental Entrance Test, 2015
(hereinafter referred to as Test/Examination) held on 03.5.2015 under the aegis
of the Central Board of Secondary Education, New Delhi (for short hereinafter
referred to as “CBSE/Board”) having been perceived by the petitioners to have
been irreversibly vitiated by the use of unfair means and malpractices through
electronic gadgets and devices facilitating the illegal and unfair access to 90 answer keys
during the examination conducted on 03.5.2015 to the beneficiary candidates of
such corrupt design at the behest of a syndicate for unlawful gain. Whereas the
petitioner in W.P.(Civil) No. 325/2015 has introduced himself to be a social
activist and a reformer claiming to espouse a public cause, the others
registering the impugnment, are the candidates who have taken the examination
and apprehend that not only they but also others who are similarly situated and
have put in sincere and hard labour would therefore be unfairly out performed
by those availing the advantage of the pilfered answer keys provide by a group
of operators by misusing the information technology.
2.
We have heard the learned counsel for the parties.
3.
The skeletal facts outlining the factual conspectus would be
briefly narrated so as to better comprehend the issues seeking adjudication.
4.
The CBSE had issued an admission notice in the month of November
2014 intimating that the All India Pre-Medical/ Pre-Dental Entrance Test for
the Academic Session 2015-16 would be held on 03.5.2015. The
examination was to consist of one paper of 180 objective type questions from
Physics, Chemistry and Biology (Botany & Zoology) and of duration of three
hours from 10.00 a.m. to 1.00 p.m. As a matter of record, the test/examination
was to be conducted for 15% All India Quota Seats and was to be governed by the
Rules and Regulations in that regard framed by the Ministry of Health and
Family Welfare, Govt. of India from time to time. The CBSE has been conducting
such examination and declaring the results thereof and thereafter providing the
merit list to the Director General of Health Services and the participating
States/Universities/Institutions in order to facilitate their
counseling/admissions. Some States/Universities/Institutions have also been
voluntarily participating in the examination for using the merit list prepared
for admission in the Medical/Dental Colleges against seats under their control.
Admittedly, the counseling of the successful candidates under 15% quota seats
is conducted by the Director General of Health Services (for short also
hereafter referred to DGHS) and the counseling for admission to seats for the
other participating States/Universities/Institutions is conducted by their
respective authorities.
5. As scheduled, the
examination was held on 03.5.2015 between 10.00 a.m. to 1.00 p.m. and more than
six lakh candidates did take part therein. The examination was held in 1050
centers all over the country. Immediately thereafter on 04.5.2015, news reports
started surfacing in many dailies disclosing that 90 answer keys had been
transmitted to the candidates during the examination, in consideration of Rs.15
to 20 lakhs and that Rohtak Police had meanwhile arrested 7 persons including 2
doctors and one MBBS student for conspiring to effectuate the said plot.
Reference was also made to the disclosures in the investigation, to the effect
that the arrested individuals in collusion with others had arranged for
supplying vests fitted with SIM card etc. apart from Bluetooth device to
facilitate transmission of answer keys through such appliances to the users
thereof. It was mentioned, that the same gang had been involved in the leakage
of AIIMS Medical Examination in the year 2012 by applying the same modus
operandi. Contending that the revelations in the investigation underway, did
demonstrate the use of such unfair and illicit means thus vitiating the
examination as a whole, denuding it of its credibility and sanctity, the
petitioners have sought to invoke the jurisdiction of the Court
under Article 32 of the Constitution of India to annul the examination. The
necessity of holding a fresh examination has been emphasized, stating that in
terms of the time schedule fixed by this Court, the results in the examination
were to be declared by 5.5.2015 to be followed by the first counseling of All
India quota seats, to be completed by 30.6.2015 and second counseling by
8.8.2015. That the academic session as per the time schedule was to commence on
1.8.2015 and that no student could be admitted to the course after 30.9.2015
was underlined as well.
6.
Having regard to the gravity of the imputations made and the prime facie
materials furnished with the petition in W.P.(Civil) No. 298/2015, this Court
issued notice on 18.5.2015 directing dasti service on all the respondents. The
other Writ Petitions gradually got tagged having regard to the identicalness of
the issues involved. On 21.5.2015, after hearing the learned counsel for the
parties and on a consideration of the status report dated 20.5.2015 submitted
by the Superintendent of Police, Rohtak, Haryana with regard to the progress of
the investigation in the matter, this Court, feeling the urgency, required the
police to complete the investigation at the earliest and directed
submission of the next status report by 26.5.2015. On a perusal of the next
status report dated 26.5.2015, this Court by its order of the same date,
directed the investigation to proceed and ordered that the cases be listed on
3.6.2015. The police was required to file further status report by then and try
to complete the investigation meanwhile. On 3.6.2015, on a consideration of the
status report dated 2.6.2015 filed by the S.P., Rohtak, Haryana and noticing
the progress made and the materials collected in support of the allegations and
being of the view that all the beneficiaries of the stratagem were yet to be
identified, on balancing the equities, this Court directed that further steps
in examination process be kept in abeyance till the next date i.e. 10.6.2015.
On the prayer made on behalf of the CBSE so as to enable it to file its
affidavit, the hearing of the petitions was postponed till 12.6.2015. The
interim restraint was extended.
7. Apt it would be, before adverting to the pleaded assertions
on behalf of the CBSE to extract the relevant excerpts of the status reports
dated 20.5.2015, 25.5.2015, 2.6.2015 and 11.6.2015 submitted by the
investigating agency so as to mark the progress in the
inquisition, facts unearthed, arrests made and also the extent of identification
of the beneficiaries arrested by the police till date.
RELEVENT
EXTRACTS FROM THE STATUS RESPORTS DATED
20.5.2015,
25.5.2015, 02.6.2015 AND 11.6.2015
20.5.2015:
“1. That on 03.5.2015, a secret
information was received from an informer that some persons namely Bhupender
S/o Sh. Satpal R/o Gudhana, District Bhiwani, Haryana, Rajesh S/o Sh. Umed
Singh R/o Gaddhi Kheri, District Rohtak, Haryana, Sanjeet S/o Sh. Ramkishan R/o
Basant Vihar, District Rohtak, Haryana and Ravi S/o Sh. Gorakh Singh R/o
Greater Noida, Uttar Pradesh are involved in leakage of answer key or question
paper of AIPMT Exam and its circulation to candidates in lieu of monetary gain
and who are moving around in Swift Car No. HR-12R-5552 in Rohtak. After
receiving the information, raids were conducted by the police near examination
centres. During checking a car bearing No. HR-12R-5552 came from the Delhi
byepass to Jhajjar Road, Rohtak and on checking the car, four persons
were found sitting in the car. During verification, the person who was
driving the Swift Car No. HR-12R-5552 disclosed his identity as Dr. Bhupender
Singh (BDS) S/O Sh. Satpal R/o Gudhana, District Bhiwani, Haryana and his
mobile NO. 9992472959 was checked and answer key of code ‘G’ of AIPMT question
paper i.e. 23331* 11431* 23432* 33214* 24214* 44233*
12131*33142*34133*34432*34234*41124*31234*31313
*44444*24001*31222*42121*1365E*222*142*9342341*2 3222*32341*43244*43114*21224
was found in his mobile and the message of said key was also forwarded at 12.51
PM on 03.5.2015 to mobile number 7409770216 and at 12.56 PM to mobile number 8397804478. Similarly as per
record, answer key of cod ‘F’ of AIPMT exam 2015 was also transmitted from
mobile number 9996668824 (used & recovered from accused Dr. Sanjeet) to
mobile number 9899089958 (used by Mr. Gautam student of MBBS from
Ujjain, Madhya Pradesh) at 12.33 PM through Whatsapp. It is pertinent to
mention here that timing of transmitting of answer key to other candidates of
different states can only be ascertained after the arrest of main accused i.e.
Roop Singh Dangi. Further after his arrest the exact point of leakage of AIPMT
exam question paper could be ascertained. During verification of the other
three persons sitting on rear seat of Swift car, their identity was known as
Rajesh (MA, MEd qualified person) S/o Sh. Umed Singh R/o Gaddhi Kheri District
Rohtak, Haryana, Sanjeet (BDS Doctor) S/o Sh. Ramkishan R/o Basant Vihar,
District Rohtak, Haryana and Ravi (Student of MBBS from PGIMS, Rohtak)
S/o Sh. Gorakh Singh R/o Greater Noida, Uttar Pradesh. During checking of Ravi
(Student of MBBS) a carton containing three vests of gents (two black colour
and one grey colour) and three lady vest (white colour) were found. All the
above said vests were tagged with micro SIM devices, five Bluetooth devices
were also recovered from the possession of Ravi (Student of MBBS from PGIMS,
Rohtak), five data cables were recovered from the possession of Sanjeet (BDS
Doctor) and one wrist watch consisting spy camera including data cable was
recovered from the possession of Rajesh (MA, Med qualified person). The entire
recovered articles were taken in possession by the Police officer through
recovery memo. On finding that answer key had already been leaked and
transmitted to different mobile numbers prior to end of the exam, the Police
Officer sent a written report to the Station House Officer sent a written
report to the Station House Officer, Police Station PGIMS, Rohtak and
consequently a case FIR No. 110 dated 04.5.2015 U/s 420/120B IPC
& 66 IT Act was registered in
Police Station PGIMS, Rohtak, Haryana against Bhupender, Rajesh, Ravi
and Sanjeet.
2.
That during investigation, the accused suffered disclosure
statements on which basis police proceeded with investigation. Inspector Vijay
Singh, Incharge CIA – 2 unit, investigating officer of the case produced the
four arrested accused before the Id. Area Magistrate at Rohtak. On the
application of the investigating officer, the court of learned area magistrate
granted four days police custody.
3.
That during interrogation, the accused suffered the disclosure
statement on 05.5.2015 that about 15/16 days back, a meeting was organized by Roop
Singh Dangi S/o Ramphal R/o Village Madina, District Rohtak, Haryana at his
house in OMAX City Rohtak with co-accused namely Sonu @ Dhan Singh S/o
Dalel R/o Village Gadhhi Kheri, District Rohtak, Haryana, Sunny Dahiya S/o
Ranbir Singh R/o Kripal Nagar Rohtak, District Rohtak, Haryana and Rakesh
Guliya. As per disclosure statement of Dr. Bhupender, Rajesh, etc. in
the meeting it was decided that for qualifying AIPMT exam Rs. 20 lakhs will be
taken from the candidates and the person who ropes in such candidates will be
given one third of the amount. It was also disclosed by the above accused that
Roop Singh Dangi will leak the AIPMIT question paper from Behror (Distt. Alwar,
Rajasthan) and after arranging the answer key, provide it to Dr. Bhupender,
Ravi (Student of MBBS), Dr. Sanjeet and Rajesh through mobile phone. It was
also disclosed by Dr. Bhupender and co-accused (Rajesh, Ravi & Dr. Sanjeet
arrested accused) that they contacted one Subhash Shrivastav, who runs an
electronic gadgets shop in Patel Nagar, New Delhi in the name of “SPY SHOP” and
told him about the whole plan and requested him to supply them undergarments of
gents and ladies in which they can fix the SIM devices, etc. On this, Subhash
Shrivastav, owner of the shop stated that this is illegal work, so he will take
four times the cost of the garments. On this, Rs. 60,000/- for six garments were paid to Subhash
Shrivastav.
4. That during investigation it
is found that on 02.5.2015, Roop Singh Dangi and co-accused Sunny S/o Ranbir
Singh booked four rooms on the ID of Sunny in Shakti Resort, Behror, District
Alwar, Rajasthan. That CCTV camera footage and relevant documentary evidence
were collected and prima facie it was proved that accused Roop Singh Dangi was
present at Shakti Resort, Behror, District Alwar, Rajasthan on 03.5.2015 along
with master solvers. It is pertinent to mention here that besides private cars,
three buses were used by the accused Roop Singh Dangi to transport the master
solvers/beneficiaries from various places to Behror. The statement of Manager
of the Shakti Resort, Behror, District Alwar, Rajasthan, and another hotel in
which accused Roop Singh Dangi and other exam solvers/beneficiaries stayed has
been recorded u/s 161 Cr. P.C. by the investigating officer.
That during investigation, till
date, it has came on file that accused Roop Singh and co-accused namely
Krishan, Sunny Dahiya etc. have telephoned several people in different cities
of Bihar, Jharkhand, Uttar Pradesh, Rajasthan, Delhi, Maharasthra, Odisha and
Haryana from several SIM cards from Behror. It is pertinent to mention here
that Investigating Officer of the case invoked section 467/468/471 of the IPC
in the case no. 07.5.2015.
***** ***** ***** ***** *****
During investigation, it was
revealed that out of 123 ‘solved’ answers of code “G” found in the mobile set
of arrested accused Dr. Bhupender, 102 answers were found correct while
comparing with the answer key provided by the CBSE on their official website http://aipmt.nic.in Similarly 42
answers were found correct out of 50 of solved answer key delivered of Code “F” by
the accused.
**** **** **** **** ****
9. That during investigation it
came to notice that arrested accused Ravi (MBBS Student) was found involved in
case FIR No. 06 dated 08.1.2012 Under Section 420/1208 IPC Police Station Crime
Branch District Daryaganj, Delhi regarding leakage of All India P.G. Medical
Entrance Examination -2012. Further another case FIR No. 178 dated 27.5.2012
Under Section 419/420/468/471/1208 IPC was registered in Police Station Shabad
Diary, District Outer Delhi has been found against accused Ravi for the offence
of leakage of State Bank of India competition exam. It is pertinent to mention
here that in these two cases, accused Ravi had leaked the respective exam by
similarly using electronic gadgets and devices.
**** **** **** **** ****
10. That during the course of investigation,
on 19.5.2015 accused Subhash Shrivastav (owner of spy shop) supplier of under
garments affixed with electronic gadgets which were instrumental in leakage of
AIPMT exam 2015 has been arrested from Delhi and has been produced before Id.
Area magistrate, which has granted 2 days police custody. During preliminary
interrogation, he has admitted that he sold around 300 such vests to
others just before the exam.”
**** ***** **** **** ****
25.5.2015:
**** **** **** **** ****
“4. That it is suspected that
358 mobile numbers were used for receiving answer keys of unfairly solved
question papers of AIPMT-2015 to various mobile phones across the country while
the exam was being conducted at various centres in the country from Behror, District Alwar,
Rajasthan, where the question papers were solved by the accused persons. Out of
these 358 mobile numbers, 260 mobile numbers were of other states and remaining
98 mobile numbers belong to the State of Haryana and the verification of these
98 SIM card holders is still under process.
**** **** **** **** ****
6. That on 25.5.2015,
information was received from Central Board of Secondary Education (CBSE)
regarding alleged malpractices in the AIPMT-2015. The list of unfair
means cases which comprises of a total of 29 cases has been received and
out of these, in 21 cases the modus operandi is similar in nature i.e. use of
electronic devices with concealed wiring in the undergarments and in one such case,
an FIR No. 105 dt. 03.5. 2015 U/s 420/511/120-B IPC & Section 66 of IT Act,
Police Station Bistupur, District Jamshedpur, Jharkhand has been found to be
registered against three aspirants namely Md. Shabbir Zeya Roll No. 51700365,
Shashi Shekar Azad Roll No. 51700543 and Dhananjay Kumar Yadav Roll No.
51700222. All the three students were caught with vests fitted with
electronic communication devices. It is pertinent to mention here that as
per information received from CBSE, 15 candidates of one examination centre
namely Siliguri Model High School Sr. Sec. Gurung Basti, P.O. Pradhan Nagar,
Siliguri Distt. Darjeeling, West Bengal (Centre 55207) were caught
with vests fitted with electronic devices. It is further submitted that in
five cases it was found that the candidates were found in possession of other
electronic devices for receiving messages. Similarly, another case FIR No.
208/15 has also been registered against student Annu Lal Roll No. 54835467 by
Lucknow Police, Uttar Pradesh as he was also caught with an electronic
device tied on his left hand with speaker in the ear. All the above
aspirants need to be joined investigation in the instant case as well.“
**** **** **** **** ****
02.6.2015:
**** **** **** **** ****
“3. That after sincere efforts,
accused Nanha Kumar S/o Sh. Meena Parsad, resident of Kushi Nagar, Uttar
Pradesh, who appeared in AIPMT -2015 was arrested on 29.5.2015. During
interrogation, he disclosed the name of Sujit S/o. Sh. Dud Nath, who also
appeared in AIPMT -2015 and there upon he was also arrested by the SIT. Two
vests of gents tagged with micro SIM devices, ear devices, charger and two
mobile phones of dual SIMs were also recovered from the possession of both the
accused Nanha and Sujit. During interrogation, they further disclosed that all
these items were provided to them by one Vijay Yadav, who is a student
of MBBS 1st Year in Banaras Hindu University, Uttar Pradesh.
4. That during investigation,
both the arrested candidates disclosed that they had jointly prepared for AIPMT
-2014 with the said Vijay Yadav and one Rahul Verma. They further stated that
Vijay Yadav and Rahul Verma were able to successfully qualify AIPMT -2014 by using
the same modus operandi, i.e. use of electronic devices with concealed wiring
in the under garments. As a result of it, they could secure admission in
prestigious Medical Colleges i.e. King George Medical College, Lucknow, Uttar
Pradesh and Banaras Hindu University, Uttar Pradesh respectively. Influenced by
their success in the 2014 examination, the two arrested candidates admitted to
having met Vijay Yadav and Rahul Verma regarding AIPMT – 2015 and it was
decided that for qualifying AIPMT – 2015 Rs. 17 lakhs each will be paid
by both of them to Vijay Yadav and Rahul Verma. They further disclosed that on
30.4.2015 they paid token money i.e. Rs. 50,000/- to Vijay Yadav, who provided
the vests fitted with electronic devices and promised to deliver the answer key
on the day of examination. They further stated that they received answer keys during the examination
hours through electronic devices, which were supplied by Vijay Yadav and with
the help of answer key they solved the question paper of AIPMT – 2015. On
30.5.2015, they were produced before the Id. Area Magistrate, Rohtak, which
granted six days police remand.
5.
That it is pertinent to mention here that during investigation,
the accused Nanha and Sujit disclosed that even in UPPMT – 2015 state
examination held on 25.5.2015, they received answer keys from Vijay Yadav by
using the same modus operandi, i.e. use of electronic devices with concealed
wiring in the under garments.
6.
That on 01.6.2015, during the course of investigation, accused
Vijay Yadav S/o Sh. Satnarain Yadav (student of MBBS from BHU) has been
arrested from Village Padroma, District Kushi Nagar, Uttar Pradesh.
During interrogation, on 02.6.2015, he suffered a disclosure statement in which
he stated that he used to prepare for AIPMT entrance exam along with Rahul
Verma. He further stated that he along with Rahul Verma were able to qualify
AIPMT – 2014 by using the same modus operandi, i.e. use of electronic
devices with concealed wiring in the under garments. He further disclosed
that answer keys were supplied to them by one Veer Bahadur (friend of Rahul Verma)
and he along with Rahul Verma got admission in prestigious Medical Colleges. He
further stated that this year he along with Rahul Verma again
contacted Veer Bahadur regarding AIPMT – 2015 and it was decided that for
qualifying the AIPMT exam, Rs. 17 lakhs each will be taken from the interested
candidates and they managed to prepare four candidates for the same. They
collected original marksheets of all four candidates as surety. He
further admitted that on 30.4.2015, he provided vests fitted with electronic
devices to candidates namely Nanah, Sujit, Vinod and Sneh and received
token money of Rs. 50,000/- each from Nanah and Suit and Rs. 30,000/-each from
Vinod and Sneh.
7. That accused Vijay Yadav
further disclosed that on 02/3.5.2015, he went to Shakti Resort at Behror,
Rajasthan by private bus (which was arranged by main accused Roop Singh Dangi).
He also admitted that he met the said Veer Bahadur at Shakti Resort, Behror,
Rajasthan where Roop Singh Dangi was already present who provided them new
mobile phones and SIM cards. He further disclosed that Roop Singh Dangi had
leaked the AIPMT question papers and supplied the answer keys with
the help of master solvers. He further stated that the solved answer keys
were supplied to the candidates namely Vinod, Sneh, Nanah and Sujit
during the examination hours through mobile phone from Behror, Rajasthan. He
was produced before the Id. Area Magistrate, Rohtak on 02.6.2015, which
granted three days police remand. Further interrogation is going on. It is further submitted that,
in reference to the DO letters written by the answering respondent to the SPs
concerned regarding verification of 260 suspected mobile numbers,
report of 50 mobile numbers/SIM cards have been received till date. Out of
these 50 mobile numbers, 22 mobile numbers/SIM cards were found to be
registered on fake identities.”
**** **** **** **** ****
11.06.2015:
**** **** **** **** ****
“4. That till date, 44
candidates have been found to be confirmed beneficiaries who were supplied
answer key s during the examination by the gang through special vests fitted
with electronic gadgets. The detail of 44 beneficiaries’ candidates is annexed
as ANNEXURE R -1. It is pertinent to mention here that out of 44 candidates,
FIRs, have already been registered against three
candidates in districts Jamshedpur, Jharkhand. Out of the remaining
41 candidates, 21 candidates were joined investigation by the SIT who
admitted to having received answer keys through vests fitted with electronic
devices during the examination hours. Notices to join investigation have
been served upon the remaining 20 candidates who have yet to do so.
The above mentioned 44 beneficiaries appeared in the examination at various
centres spread across the country. Out of these, 15 candidates appeared at
Siligudi, District Darjeeling, West Bengal; 11 appeared at Rohtak, Haryana;
four appeared at Ajmer, Rajasthan; three appeared at Delhi; three appeared at
Jamshedpur, Jharkhand, and one each at Shimla, Himachal Pradesh; Dehradun,
Uttrakhand; Patna, Bihar; Gurgaon, Haryana; Chandigarh; Bhubaneswar, Odisha;
Bagdogra, District Darjeeling, West Bengal and Nagpur, Maharashtra and all them
were able to secure answer keys through vests fitted with electronic
devices.
**** **** **** **** ****
6. That from the investigation
conducted so far, it has been revealed beyond doubt that the network of this
organized gang was spread across different parts of the country.
Beneficiaries Sanjit and Naneh and the gang’s intermediary/handler Vijay Yadav
(MBBS student from BHU) were already arrested from Kushi Nagar, Uttar
Pradesh. It is further submitted that on 07.6.2015, during the course of
investigation, one Parimal Koth Paliwal S/o Sh. Chander Shekhar Paliwal
resident of House No. 389 Gajesh Nagar, Nagpur, Maharashtra, who owns a
consultancy firm in Nagpur, Maharashtra was also arrested and during
interrogation, he suffered the disclosure statement in which he
admitted that he and his accomplice Abid Ali (2 nd year
MBBS student in Basant Dada Pawar Medical College, Nasik, Maharashtra) were
able to successfully deliver answer key to a candidate namely Sahil S/o Sh.
Bhand Kishore Gaddam resident of Bodh Colony, Azad Chowk, District Gondia,
Maharashtra through the same modus operandi. The notices were served
upon both the accused to join the investigation.
7. It is further submitted that
in reference to the DO letters written by the answering respondent to various
district SsP regarding verification of 358 suspected mobile numbers of
beneficiaries, verification reports of 210 mobile numbers have been received
till date, the details of which are as under:
44 mobile numbers were found to
be registered on fake identities. 166 mobile numbers were found to be
registered on genuine addresses and as per the verification reports,
relatives/wards of 37 out of these 166 mobile number users appeared in
AIPMT – 2015. Out of these 37 mobile number users, incriminating evidence has
been found against 17 candidates / SIM cards holders (confirmed beneficiaries).
The remaining 20 users need to be joined investigation.The verification of
remaining 148 mobile numbers is still under process.
**** **** **** *****
10. During interrogation,
accused Vijay Yadav stated that he knew two persons namely Vikas and Sumit both
residents of Prem Market, Gohana, District Sonipat, Haryana who are master
solvers and who solved the question paper on 03.5.2015 from Shakti Resort, Behror,
Rajasthan. Thereafter, on 06.6.2015 accused Vikas S/o Sh. Rishiraj and Sumit
S/o Sh. Suresh both residents of Ward No. 13, Prem Market, Rohtak Gate, Gohana
District Sonipat, Haryana were arrested. During preliminary interrogation, they
disclosed that one Guddu of Rohtak, Haryana contacted them before the
examination and discussed about leakage of question paper of AIPMT -2015
and it was also decided that they will be paid Rs. 50,000/- each for solving
the question paper and they further admitted to having received Rs. 10,000/-
each as advance money. They also disclosed that on 02.5.2015, the reached
Shakti Resort, Behror, Rajasthan and in the evening they met the main accused Roop Singh Dangi who told them
that the question paper will be supplied to them about one hour prior to the
start of the examination. They further disclosed that main accused Roop Singh
Dangi provided them question paper of AIPMT – 2015at about 10.30 AM and after
receiving the question paper they solved it from Shakti Resort, Behror,
Rajasthan and the answer keys were circulated to candidates across the
country.”
**** **** **** **** ****
8. The CBSE in essence, while contending that there had been no
omission or lapse on its part, in taking the necessary precautions for making
foolproof arrangements, for smooth and
fair conduct of the examination, has asserted that in view of the
time schedule fixed by this Court in Mridual Dhar Vs. Union
of India (2005) 2 SCC 65 and Priya Gupta vs. State of Chhatisgarh
(2012) 7 SCC 433, the prayer for holding a fresh examination
would evidently upset the same and would result in
formidable delay in all the following stages and adversely impact
upon the academic session as well as the prospects of the candidates
involved. While iterating
that, it having prepared
the answer key of 11.5.2015 there was no scope for the
same being leaked prior to or on 3.5.2015 from its hold, the
CBSE has stated, that in addition, it had provided various checks and balances, whereby
every candidate in one examination room had been furnished with different sets
of question papers where not only the sequence of the questions was different
but even the order of choices of the answers did vary. It has stated as well
that, in order to ensure smooth and secured conduct of the examination, all
necessary authorities including the Director General of Police/S.P. of Police
of all the States and Union Territories had been requested to take the
necessary steps. That in response to a request, made by the investigating
agency, it had furnished the requisite information, with regard to the question
key 1 to 90, has been stated. The CBSE has claimed, that the answer keys of
four sets of questions papers have been displayed on its web site from
18.5.2015 to 20.5.2015 and the individual OMR images of each candidate have also
been provided from 21.5.2015 to 23.5.2015. Accordingly, an opportunity to
challenge the answer key had been provided to the candidates and their
objections as received have been finalized by the subject experts. It, however,
admitted to have been reported of 29 cases from certain examination centers in
the country where unfair means were allegedly
used in the examination and out of those, in 21 cases, candidates have been
reported to have used electronic devices concealed in their
vests/undergarments. According to the Board, it did forward the details of 29
candidates to the investigating agency. While pleading that in such a
situation, pending the completion of the investigation, and identification of
the beneficiaries of such malpractice, necessary action may be permitted to be
taken against those already identified only and that the examination as a whole
ought not to be scrapped in the interest of other students, the Board has
indicated as well that having regard to the magnitude of the exercise to be
undertaken, it would require at least 120 days to hold a fresh examination and
that the whole process thereby would be delayed by four to seven months thus
dislocating the time schedule therefor as fixed by this
Court.
9. In
this pleaded background, the learned counsels for the petitioners led by Mr.
Jaideep Gupta, Sr. Advocate have assertively argued that it being evident from
the findings in the investigation till this stage, that a countrywide network
with a preplanned design by a group
of unscrupulous persons has successfully made, inroads in the examination
process and has been able to illegally communicate the answer keys to a
substantial number of candidates through electronic devices, the entire process
stands defiled beyond repair and thus it ought to be nullified forthwith.
According to them, with the progress of the investigation, the modus operandi
has become apparent and the arrest of some of the perpetrators of the offence
involved and the beneficiaries thereof, warrant immediate cancellation of the
besieged examination in order to sustain the faith of all and sundry in the
existing system of examination to judge the inter se merit of the participating
candidates. The learned counsels have insisted, that having regard to the
strategy applied and the electronic appliances used, non-identification of all
the beneficiaries cannot be a defence to save the examination afflicted by an
incurable infirmity and thus a fresh examination is the only alternative in the
attendant facts and circumstances. Having regard to the expected sanctity of an
examination process, and the nature and extent of vitiation by the diabolic and
deplorable outrages disclosed in the
investigation till this stage, the beneficiaries of the plot even if they
remain unidentified, cannot be permitted to score a march over their
counterparts who are not party to the fraud and cannot be made to suffer for no
fault of theirs, they
maintained.
10. Per
contra, Mr. Ranjit Kumar appearing for the Union of India as well as the CBSE
has asserted, that the Board having taken all precautions to hold the
examination fairly and in accordance with the law, it cannot in any view of the
matter be held liable for any lapse. He has urged that, even assuming that some
beneficiaries of the alleged deceitful operation had been identified in course
of the investigation, these being only 44 in number, the whole process cannot
be construed to have been invalidated thereby. He has argued that in such an
eventuality, having regard to the time schedule fixed by this Court and in the
interest of other six lakh students, at best, the results of these identified
beneficiaries can be kept withheld and the process be allowed to proceed to its
logical end. He reiterated, abiding by the pleaded stand of the Board, that
cancellation of the examination is not called for and that in case it is done, it would
require at least four months for the same to be held again having regard to the
infrastructural and other
imperatives.
11. We
have extended our anxious consideration to the averments, the documents laid
and the contentious arguments advanced. Admittedly, the examination under the
scanner had been conducted by the CBSE on 03.05.2015. The duration of the
examination, the type of questions, total marks and the mode of assessment of
performance, have been referred to hereinabove. 180 objective type questions
were to be attempted by the students in the examination. While the test was on,
as it appears from the status reports submitted before this Court by the
Superintendent of Police, Rohtak, Haryana, a secret information was received
that some persons namely Bhupender S/o Shri Satpal, Rajesh S/o Shri Umed Singh,
Sanjeet S/o Shri Ramkishan and Ravi S/o Shri Gorakh Singh, were involved in the
leakage of answer key of the question paper of the said examination and the
circulation thereof to the candidates, in lieu of monetary gain and that they
were moving around in a Swift Car No. HR-12R-5552 in Rohtak. In course of the
raids conducted by the police near examination centers, they intercepted a car
with the above registration number on Delhi Byepass Road to Jhajjar Road,
Rohtak in which four persons were travelling. On interrogation, it appeared
that the car was being driven by Dr. Bhupender Singh S/o Shri Satpal and on
checking his mobile number 9992472959, several answer keys were found stored
therein and further message of such key had been forwarded at 12.51 PM on the
same date i.e. 03.05.2015 to two mobile numbers. As per the status report dated
20.05.2015, the answer key of the same examination was found to be transmitted
from the mobile number of Dr. Sanjeet, who was also travelling in the car to
the mobile number of one Mr. Gautam, student of MBBS from Ujjain, Madhya
Pradesh at 12.33 PM through Whatsapp. Investigation followed thereafter and is
continuing as on date as adverted to hereinabove from time to time, the
investigating agency has submitted status reports on 20.05.2015, 25.05.2015,
02.06.2015 and 11.06.2015, the relevant extracts wherefrom have already been quoted. A bare perusal of the said excerpts yields
the following salient features:
(a)
On verification of the identity of the other occupants of the
car those were disclosed to be Rajesh S/o Shri Umed Singh and Ravi S/o Shri
Gorakh Singh, a student of MBBS from PGI, Rohtak.
(b)
On frisking Ravi, a carton containing three vests of gents and
three vests of ladies were found to be tagged with micro SIM.
(c)
Similarly five Bluetooth devices were discovered from the
possession of Sanjeet, a doctor.
(d)
One wrist watch consisting spy camera including data cables was
recovered from the possession of Rajesh.
(e)
The arrested accused persons made disclosures indicating that a
meeting was organized by one Roop Singh Dangi S/o Ram Pal at his house at Omax
City, Rohtak in which it was decided that Rs.20 lakh each would be taken from
the candidates to help them for qualifying in the examination and that the person
who would be able to bring such candidates would be awarded 1/3 of the amount
collected.
(f)
It was disclosed as well that Roop Singh Dangi had leaked the
question paper from Behror (Dist. Alwar, Rajasthan) and after arranging the
answer key provided it to Dr. Bhupender, Ravi, Sanjeet and Rajesh at their
mobile phones, to be transmitted to the beneficiaries in course of the
examination.
(g)
It was further disclosed that to actuate this plan one Shri
Subhash Shrivastav, who runs an electronic gadgets shop in Patel Nagar, New
Delhi in the name of “SPY SHOP”, was contacted and after revealing to him the
plan he was requested to supply undergarments of gents and ladies in which SIM
devices etc. can be fixed to, which the shop owner agreed, at four times the
normal price of the garments.
(h)
On 02.05.2015, Roop Singh Dangi and the co-accused Sunny S/o
Ranbir Singh booked four rooms on the ID of Sunny in Shakti Resort, Behror,
District Alwar, Rajasthan where, Roop Singh Dangi was present along with master
solvers. Private cars and buses were used by Roop Singh Dangi to transport the
master solvers/beneficiaries from various places to Behror.
(i)
Roop Singh Dangi and co-accused namely Krishan, Sunny Dahiya
etc. had telephoned several people in the cities of Bihar, Jharkhand, Uttar
Pradesh, Rajasthan, Delhi, Maharashtra, Orissa and Haryana from several SIM
cards from Behror.
(j)
Out of 123 solved answers of code “G” found in the mobile set of
the arrested accused Dr. Bhupender, 102 answers were correct when compared with
the answer key provided by the CBSE on their official website. Similarly, 42
answers were found correct out of 50 solved answer key of Code ‘F’ delivered by
the accused.
(k)
Ravi was found involved in a similar malpractice pertaining to
All India PG Medical Entrance Examination, 2012 and also relating to State Bank
of India Competition Examination by using electronic gadgets/devices.
(l)
About 358 mobile numbers have been used, for receiving answer
keys of unfairly solved question papers of the examination to be transmitted to
various mobile phones across the country where the examination was underway.
(m)
Information was received from CBSE with regard to 29 candidates
involved in malpractices in the examination out of whom 21 had been found to be
using the electronic devices concealed in their undergarments.
(n)
18 such candidates whose names had been disclosed in the status
report were caught in course of the examination with electronic devices in
their vests.
(o)
Two arrested candidates namely Nanha Kumar S/o Shri Meena Parsad
and Sujit S/o Shri Dud Nath who had also taken the examination and from whom
vests fixed with micro SIM devices together with ear devices, charger and two
mobile phones of dual SIMs were recovered, disclosed that all these have been
provided to them by one Vijay Yadav, student of MBBS of 1st year
in Banaras Hindu University, Uttar Pradesh.
(p)
These candidates further disclosed that Vijay Yadav and Rahul
Verma have been able to qualify AIPMT, 2014 examination by using the same modus
operandi.
(q)
These candidates admitted to have received the answer key during
the examination though the three electronic devices which were supplied by
Vijay Yadav and that with the help of the answer key they had solved the
question paper.
(r)
Vijay Yadav on his arrest did disclose, that he used to prepare
for AIPMT examination along with Rahul Verma and that they were able to
successfully qualify in AIPMT-2014 by using the same modus operandi.
He
admitted that he along with Rahul Verma did contact Veer Bahadur for AIPMT,
2015 and planned to charge Rs.17 lakhs from each candidate to enable them to
qualify in the examination. He admitted further to have provided vests fitted
with electronic devices to the candidates Nanha Kumar, Surjit and others.
He also admitted to have visited Shakti Resort, Behror,
Rajasthan on 02/03.05.2015 and had participated in the meeting where Roop Singh
Dangi and Veer Bahadur were present who provided new mobile phones and SIM
cards to the persons concerned with the understanding that Roop Singh would
leak the AIPMT question paper and supply the answer key with the help of master
solvers.
(s)
Till date 44 candidates have been found to be confirmed
beneficiaries in the scheme who have been supplied with answer keys during the
examination through electronic devices installed in their vests.
(t)
Out of 358 suspected mobile numbers of the beneficiaries, 44
have been found to be registered on fake identities, 166 are registered on
genuine basis and verification with regard to the remaining 148 mobile numbers
is under process.
The names and details of these 45 beneficiaries have been
furnished in the status report dated 01.06.2015
12. The
investigating agency in its report has stated in clear terms that from the
disclosures recorded, it is beyond doubt that the strategy of providing answer
key has been executed by an organized gang with a network spreading over
different parts of the country. The Inspector General of Police, Haryana who
was present with his team, having been granted the leave, submitted that the
investigation in full swing is in progress and that undoubtedly many more
beneficiaries of the plot would be identified at the earliest. He however could
not, provide a deadline of time by which it could be done and the
ongoing investigation could be completed. He frankly admitted as well, that in
the process it might not be possible to identify each and every beneficiary of
the malpractice perpetrated.
13. On
a consideration of the revelations in course of the investigation, we are of
the view that the examination indeed have been exposed to a deep rooted
conspiracy of a gang of persons who with the aid of electronic devices have
been able to access the beneficiary candidates with the answer keys during the
test so as to enable them to solve the question paper. This, as the
investigation discloses was on the basis of a premeditated design and the
benefit has been extended on monetary consideration. These, we hasten to add,
are gathered from the status reports submitted before this Court from time to
time, the authenticity whereof has not been questioned. The disclosures, to
state the least, are startling and alarming as well. The status reports
disclose involvement of persons who had been similarly involved in such a
strategy and are the beneficiaries thereof. We have noted that the
investigation in the cases registered has progressed well and having regard to
the magnitude
of the exercise involved, we accept that some more time would
be necessary to complete the same in all respects.
14.
Situated thus, with the time schedule fixed by this Court for completion
of the admission process for the 1st
MBBS/BDS courses as per the pronouncements made in Mridul Dhar vs. Union of
India, (2005) 2 SCC 65 and Priya Gupta vs. State of Chattisgarh,
(2012) 7 SCC 433, there are presently two alternative courses, either to
segregate the 44 already identified beneficiary candidates, direct their
results to be withheld and permit CBSE to proceed with process underway or
direct a fresh examination by cancelling the ongoing exercise.
15.
As has been noticed hereinabove, the disclosures in the
investigation suggest that the benefit of answer key has been availed by
several candidates taking the examination, by illegal means. Though as on date,
44 such candidates have been identified, having regard to the modus operandi
put in place, the numbers of cell phones and other devices used, it is not
unlikely that many more candidates have availed such undue advantage, being a
part of the overall design and in the process have been unduly benefited qua the
other students who had made sincere and genuine endeavours to solve the answer
paper on the basis of their devoted preparation and hard labour. In view of the
widespread network, that has operated, as the status reports disclose and the
admission of the persons arrested including some beneficiary candidates, we are
of the opinion, in view of the strong possibilities of identification of other
candidates as well involved in such mal practices, that the examination has become
a suspect. As it is, the system of examination pursued over the decades, has
been accepted by all who are rationale, responsible and sensible, to be an
accredited one, for comparative evaluation of the merit and worth of candidates
vying for higher academic pursuits. It is thus necessary, for all the role
players in the process, to secure and sustain the confidence of the public in
general and the student fraternity in particular in the system by its
unquestionable trustworthiness. Such a system is endorsed because of its
credibility informed with guarantee of fairness, transparency authenticity and
sanctity. There cannot be any compromise with these imperatives at any cost.
16. Segregation only of the
already 44 identified candidates stated to be the beneficiaries of the
unprincipled manoeuvre by withholding their results for the time being, in our
comprehension cannot be the solution to the problem that confronts all of us.
Not only thereby, if the process is allowed to advance, it would be pushed to a
vortex of litigation pertaining thereto in the foreseeable future, the
prospects of the candidates would not only remain uncertain and tentative, they
would also remain plagued with the prolonged anguish and anxiety if involved in
the ordeal of court cases. Acting on this option, would in our estimate, amount
to driving knowingly the students, who are not at fault, to an uncertain future
with their academic career in jeopardy on many counts. Further, there would
also be a lurking possibility of unidentified beneficiary candidates stealing a
march over them, on the basis of the advantages availed by them through the
underhand dealings as revealed. Having regard to the fact, that the course
involved with time would yield the future generations of doctors of the
country, who would be in charge of public health, their inherent merit to
qualify for taking the course can by no means be compromised
17. As would be available
from the status reports, out of 123 solved answers of a particular code and
retrieved from the mobile set of one of the persons arrested i.e. Dr.
Bhupender, 102 answers were found correct on a comparison with the answer key
provided by the CBSE. As referred to hereinabove, 358 mobile numbers had been
pressed into service and at least 300 vests fitted with electronic devices have
been used. Having regard to the uncompromising essentiality of a blemishless
process of examination involving public participation, we have no alternative
but to hold that the examination involved, suffers from an infraction of its
expected requirement of authenticity and credence. We are conscious of the fact
that every examination being conducted by a human agency is likely to suffer
from some shortcomings, but deliberate inroads into its framework of the
magnitude and the nature, as exhibited, in the present case, demonstrate a deep
seated and pervasive impact, which ought not to be disregarded or glossed over,
lest it may amount to travesty of a proclaimed mechanism to impartially judge
the comparative merit of the candidates partaking therein. If such an
examination is saved, merit would be a casualty generating a sense of
frustration in the genuine students, with
aversion to the concept of examination. The possibility of leaning towards
unfair means may also be the ultimate fall out. Even if, one undeserving
candidate, a beneficiary of such illegal machination, though undetected is
retained in the process it would be in denial of, the claim of more deserving
candidates. At the present, the examination stands denuded of its sanctity as
it is not possible to be cleansed of all the participating beneficiary
candidates with certainty. We are thus, on an overall assessment of the
materials on record, left unpersuaded to sustain the examination. We must
observe that till this stage of the investigation, no conscious lapse or
omission on the part of the Board, contributing to the otherwise appalling
mischief has surfaced.
18.
Conscious are we that, as a consequence, the All India Pre-Medical and
Pre-Dental Test 2015 would have to be annulled, thereby disturbing the time
schedule fixed by this court in Mridul Dhar (supra) and Priya Gupta
(supra). Though we respectfully subscribe to the calendar of dates
fixed in these cases, more particularly in the textual context thereof, we
perceive that in th extraordinary fact situation
that confronts us, where the examination involved is vitiated to the core by
use of deceitful means and measures to benefit some, the consideration of
departure from the said time schedule per se would not be a wholesome
justification to sustain the otherwise tainted exercise. The time frame fixed
by this court in the above cases, in our opinion, was not intended to be
inflexibly adhered to in the situation of the kind with which we are seised of.
The schedule of dates was fixed, so as to streamline and discipline the process
of admission by its uniform application. In that view of the matter, we are of
the understanding that the annulment of the examination and the consequences to
follow, in the singular facts and circumstances of the cases, would not in any
way be repugnant to the renderings of this court in Mridul Dhar (supra) and
Priya Gupta (supra). The course we proposed to embark upon, is the
demand of the situation based on contemporaneous official records and
that facts corroborated thereby. The pleadings of the Board, that its answer
key had been prepared on 11.5.2015 and that the same for all the four sets of
question paper, had been displayed on its website from 18.5.2015 to 20.5.2015,
along with the individual OMR images of each candidate
between 21.5.2015 and 23.5.2015 whereafter the challenges from the candidates
have been received and have been verified with the subject experts, in the
teeth of the disclosures in the investigation lack in persuasion to save the
examination.
19. We
are aware, that the abrogation of the examination, would result in some
inconvenience to all concerned and that same extra time would be consumed for
holding a fresh examination with renewed efforts therefor. This however,
according to us, is the price, the stakeholders would have to suffer in order
to maintain the impeccable and irrefutable sanctity and credibility of a
process of examination, to assess the innate worth and capability of the
participating candidates for being assigned inter se merit positions
commensurate to their performance based on genuine and sincere endeavours. It
is a collective challenge that all the role-players would have to meet, by
rising to the occasion and fulfill the task ahead at the earliest, so as to
thwart and abort the deplorable design of a mindless few seeking to highjack
the process for selfish gain along with the unscrupulous beneficiaries thereof.
Though the Board has taken a plea that
having regard to the enormity of the exercise to be undertaken, the same cannot
be redone before four months, we would emphasize that this is an occasion where
it (the Board) ought to gear up in full all its resources in the right spirit,
in coordination with all other institutions that may be involved so as to act
in tandem and hold the examination afresh at the earliest. In the course of the
arguments, this court was apprised that on previous occasions such type of
examination had been held anew within a period of one month. We have no reason
to doubt, that all other institutions would not lag behind to extend all
possible assistance to the Board in its renewed endeavour. We are not unaware
that in holding the present examination as well as in participating in the
exercise, all genuinely concerned have put in tireless efforts. All these
however have been rendered futile by a handful of elements seeking to reap
undue financial gain by subjecting the process to their evil manoeuvres. We
have thus no hesitation to order that the All India Pre-Medical and Pre-Dental
Test stands cancelled. The CBSE would now have to hold a fresh examination at
the earliest, by complying with all necessary and prescribed norms, being
mindful of the exigency amongst others of the commencement of the
academic session which presently stands scheduled to be on and from 01.8.2015.
We direct the Board, in the attendant of facts and circumstances to hold the
examination within a period of four weeks from today. It would take the necessary
follow up steps in the coordination with all other institutions involved in the
admission process and space the intermediate phases in the same pattern
(understandably with dates changed) of the time schedule as mandated by this
court in Mridul
Dhar (supra) Priya Gupta (supra). Endeavours should be made
to minimize the delay after the examination is held afresh as directed. We part
with the expectation that the CBSE and the other stakeholder institutions would
act in the right sprit in complying with this order for the paramountcy and
trustworthiness of the system as well as the sustenance of the confidence that
it enjoys. We all owe this, in the minimum, to the society in general and the
student community in particular.
20. These petitions are thus allowed to the extent indicated
herein above. The investigating agency would, in accordance with law, complete
its drill with all alacrity and earnestness. We reiterate, that the references to the
status reports and the contents thereof so far relatable to the cases in hand
have been only in the context of the adjudication of the issues involved herein
and have to be construed accordingly.
21.
No costs.
…..……………………J.
(R. K. AGRAWAL)
..….…………………..J.
(AMITAVA ROY)
NEW
DELHI
DATED:
15TH JUNE, 2015
